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1986 Supreme(AP) 42

B.P.JEEVAN REDDY, UPENDRA LAL WAGHRAY
Public Prosecutor, A. P. High Court – Appellant
Versus
B. Anjaneyulu – Respondent


UPENDRALAL WAGHRAY, J.

( 1 ) OUR learned brother Ramanujulu Naidu, J. , by the following order dt. 27-11-1985 has made this reference to a Division Bench : "the following questions of far-reaching importance are raised in these cases : 1. Whether a Special Court, constituted under S. 12-A of the Essential Commodities Act, as amended in the year 1981, is empowered to exercise powers under S. 167 of the Code of Criminal Procedure in relation to the person forwarded to it under Cl. (b) of S. 12-AA of the Act? In other words, what is the effect of Clause (c) read with Cl. (f) of S. 12-AA of the Act?

( 2 ) WHETHER a Special Court can take cognizace of a case instituted before it where investigation into the said case is not completed within six months from the date of arrest of the accused involved in the case and charge-sheet is filed beyond six months from the date of arrest of the accused? it is brought to my notice that there are several instances where after arrest of accused persons in a number of cases booked under the Essential Commodities Act, charge-sheets are not filed by the Investigating Officers even after six months from the date of arrest of the accused persons involved t



















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